Leasehold enfranchisement of houses—landlord’s overriding rights
Leasehold enfranchisement of houses—landlord’s overriding rights

The following Property guidance note provides comprehensive and up to date legal information covering:

  • Leasehold enfranchisement of houses—landlord’s overriding rights
  • Redevelopment
  • Own residence
  • Effect on subtenancies

A landlord may be able to resist a tenant's claim to the freehold or an extended lease of a house under the Leasehold Reform Act 1967 (LRA 1967) where the landlord intends to redevelop the house or to occupy it as their own home.

Redevelopment

The tenant’s claim to an extended lease can be defeated and the landlord can resume possession of the property if 'the landlord proposes to demolish or reconstruct the whole or a substantial part of the house and premises'.

This ground is available to the landlord where the tenant:

  1. currently has the benefit of an extended lease, or

  2. makes a claim to acquire an extended lease

In either case, the landlord’s application to resume possession cannot be made more than one year before the date on which the original term is due to expire. This may mean that if the tenant gives notice of claim to acquire an extended lease when there is only a little more of the original term still unexpired, the parties must complete the claim procedure even though the landlord will be applying to resume possession once it has been granted. Because the landlord’s claim is for possession of land, it must be made in accordance with CPR 55 and Practice Direction—Landlord and Tenant Claims and Miscellaneous Provisions about L